2,749 results
10 Aug 2021 16:01
At the cliff-edge of 17It is simply unfair to penalise young people for delays in the court system. To appear before the adult court for an offence allegedly committed while the defendant was still legally a child has the potential to trigger a range of consequences which can have a serious impact on their future, more...
10 Aug 2021 15:00
Poland’s disciplinary chamber for judges threatens rule of law – ECJI have posted on the extraordinary goings-on in Thuringen, Germany where two Weimar judges, one family and one administrative, have been subject to searches by the public prosecutor’s office following their respective rulings containing comments critical of the various lockdown and testing measures more...
10 Aug 2021 14:56
Dr Zhen Ye prepares case review of Court of Appeal decision in Valbonne v Cityvalue3PB commercial and property barrister Dr Zhen Ye has analysed the impact of this property dispute between two property developers, owned by members of the same ultra-orthodox Jewish community, over a failed purchase of the Beckton Arms in East London. The case had initially gone to arbitration more...
10 Aug 2021 14:49
GTDT Mediation 2021 – IntroductionHistory As I write this year’s Introduction, part of the world is still in lockdown due to covid-19 and that gives rise to certain special considerations, which will be discussed below. Mediation is the most popular of a range of dispute resolution methods covered by the acronym ‘ADR’: alternative more...
10 Aug 2021 14:45
Dental Negligence, Vicarious Liability and Non-Delegable Duty: A Test CaseIn Hughes v Rattan [2021] EWHC 2032 (QB), the High Court was asked to answer the following question. Was the owner of a dental practice liable for the dental negligence of a self-employed dentist engaged to work in the practice? The claim arose from NHS care provided by three different associate more...
10 Aug 2021 14:40
Is the public law family justice system failing those it is supposed to serve?A personal observation by Exchange Chambers’ Celestine Greenwood. My aim and hope in writing this article is to provoke thinking and discussion amongst practitioners engaged, and others interested, in the work of the public law family system. I note that the recommendations of the Public Law Working more...
10 Aug 2021 14:37
R V SSRichard Orme was led by Julia Smart QC in a three-week trial at Chester Crown Court. They represented a mother who was found not guilty of both Murder and Causing/Allowing the Death of a Child. The case involved a multiplicity of medical experts from various disciplines. The case was covered on the more...
10 Aug 2021 14:33
Benjamin Myers QC secures verdict of Not Guilty to MurderBenjamin Myers QC from Exchange Chambers has secured a verdict of not guilty to murder for AM after a trial at Chester Crown Court. The allegation of murder arose from the death of a 3-month-old baby in July 2020 from catastrophic head and brain injuries. AM was the baby’s father. The case turned on more...
10 Aug 2021 14:24
Environmental Law News UpdateIn this latest Environmental Law News Update, Charles Morgan, Christopher Badger and James Harrison consider problems with the disposal of sewage sludge, a DEFRA Consultation on Environmental Review and a new UK Innovation Strategy from the BEIS. More Sludge We’ve written several times before about more...
Public Interest Winding Up – Is ‘lack of transparency’ a sufficient basis for the Secretary of State to seek to wind up a company?
In The Secretary of State for Business, Energy and Industrial Strategy v Celtic Consultancy & Enterprises Ltd [2021] EWHC 1240 (Ch), the High Court considered petitions seeking the winding up of three companies under s 124A Insolvency Act 1986. The court had to decide whether a company's alleged more...
4 Aug 2021 15:20
“A question of liability” – Sir Robert Akenhead and David Johnson for Building MagazineThe recent decision in Mott vs Trant suggests the courts are unwilling to overrule clauses that exclude or limit liability, writes Sir Robert Akenhead, with assistance from David Johnson. Originally published in Building on 26 July 2021. Much judicial ink has been spilled on the proper approach to more...
4 Aug 2021 15:11
Alexander Whatley shares guidance on instructing counsel to members of Bournemouth and District JLD3PB’s specialist civil law barrister, Alexander Whatley recently teamed up with Conor Maher, Treasurer for Bournemouth and District Junior Lawyers Division and Litigation Solicitor at Ellis Jones Solicitors LLP, to present a webinar to junior lawyers on ‘’tips for instructing counsel’’. Alex Whatley more...
4 Aug 2021 15:05
Germany’s federal court declares Facebook’s hate speech curbs to be in breach of citizens’ constitutional rightsThe Federal Court of Justice in Germany (the Bundesgerichtshof, or BGH) has ruled against the social network provider that deleted posts and suspended accounts amid allegations of “hate speech”. The ruling was handed down on the 29th of July (Bundesgerichtshof, Urteile vom 29. Juli 2021 – III ZR 179 more...
4 Aug 2021 14:56
Nicole Bollard on the clarification of the test for the tort of causing loss by unlawful meansIntellectual Property and Commercial law barrister Nicole Bollard reviews Secretary of State for Health and another v Servier Laboratories Ltd and others [2021] UKSC 24 and the Supreme Court’s recent decision concerning the economic tort of causing loss by unlawful means. The court examined in more...
4 Aug 2021 14:53
Latest Law Pod UK: Care orders and newborn babiesIn the second of their series of family law podcasts, Clare Ciborowska and Richard Ager of 1 Crown Office Row Brighton discuss the vexed area of care proceedings where it is considered necessary to take a baby away from its mother for the infant’s safety. The law on newborns is pretty thin and the more...
4 Aug 2021 14:42
David Toal secures acquittal for defendant charged with possession of a firearm with intent to endanger lifeDavid Toal from Exchange Chambers has secured an acquittal for a client charged with possession of a firearm with intent to endanger life. After a police pursuit whilst driving a stolen car, the defendant abandoned the vehicle but was detained and found to have discarded a fully-loaded gun. He was more...
4 Aug 2021 14:40
An update on Police BailAnna Bond and Emily Hassell discuss the duration of pre-charge bail, 2017 reforms to pre-charge bail, and the legality of extending these measures Introduction Under part 4 of the Police and Criminal Evidence Act 1984 (PACE), the police in England and Wales can grant pre-charge bail (police bail) to more...
4 Aug 2021 14:38
To indicate or not to indicate? Definitive guidance on credit for a guilty plea issued in R v Plaku [2021]The Court of Appeal considered a number of appeals in relation to the apparently never-ending issue of when full credit is available to a defendant for their early guilty plea in Plaku & Ors [2021] EWCA Crim 568, observing that there was “still some misunderstanding” concerning the Reduction in more...
4 Aug 2021 14:28
Does diversion from court have an image problem?Soft justice? Diversion and out of court disposals (the ways in which the police can deal with people who commit crime without sending them to court) get a bad rep in the media, often labelled as “soft justice” and letting people off. This might go some way to explain why, over the last ten years, more...
3 Aug 2021 15:59
Insolvent Clients and Solicitors’ Liens: Candey Limited v Tonstate Group Limited [2021] EWHC 1826 (Ch)Section 73 of the Solicitors Act 1974 allows the court to grant a charging order in favour of a solicitor over property recovered or preserved in litigation. This supplements, but does not replace, the solicitor’s common law right to a lien. In Candey Limited v Tonstate Group Limited [2021] EWHC more...
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